How To Get Divorced In California

Getting divorced in California is easier than in many states for several reasons. The first reason is that California is a ‘no fault’ state. This means that in California, you do not have to prove fault in order to divorce. Some people think that infidelity has to be proven in order to file for divorce. This is not true. Likewise people think that infidelity will give one side or the other an advantage in the court. This is also not true. In fact, there is no need to have a reason for divorce, other than ‘irreconcilable differences’ which simply means that you cannot get along.

In addition, California does not require a specified separation period before one files for divorce. This means that a person can file for divorce at any time during the marriage. The date of separation is an important one and simply means that this is the date when each spouse feels that they stopped living together as husband and wife. Sometimes this occurs when the couple no longer live together in the same home, or when they inhabit the same home but do not consider themselves living together as husband and wife.  

What do California Family Law Courts Look for in a Petition?

Despite the ease of filing for divorce in California as compared to other states, getting a divorce through the California court system is not easy.  The California divorce courts are mainly interested in making sure that all issues in the divorce are addressed so that an appropriate judgment can be prepared at the final stage in the divorce. Issues are things like division of property & debt, spousal support, and child issues such as custody, visitation and support. If all issues are not addressed or if the court finds discrepancies in the paperwork, the filing will be rejected, sometimes causing the petitioner to start all over again or at the very least to amend the paperwork according to the rules of the court. This is where California divorce lawyers come into play. California, specifically, Los Angeles has many reputable divorce lawyers, who can provide valuable services to assist divorce petitioners  and respondents, helping them in drafting the paperwork and also in getting the desired settlement in or outside the court of law. Preparing an agreement to assure that the divorce will be finalized without going to court or in going to court if the divorce becomes contested. The problem that many people have is that they think that attorneys are expensive so they try to do the divorce themselves or by way of a document service or paralegal. This is a mistake as legal advice and oversight are essential in finalizing a divorce correctly. There are Los Angeles attorneys who offer attorney advice and oversight as well as low cost and this is really the best solution to handling the complexities of a divorce in California.


Deciding on Divorce & the Steps to Follow:
The decision to file for divorce is never an easy one. Most people consider divorce when all other avenues, such as counseling or therapy, fail. Once the decision is made, the first step is to seek sound legal advice from a divorce lawyer in your city/ county. Legal advice is important because it informs the spouse about his/her legal rights and options. The divorce attorney explains the issues in the divorce and how these are usually handled in the courts and what is the likely outcome. Both spouses can get legal advice, but not from the same California or Los Angeles divorce attorney as this would be considered a conflict of interest. It should be emphasized that the ‘best divorce’ is the one that is amicable and settled by way of agreements. This may seem like an oxymoron, but if the parties view the divorce in a mature manner they will spend less money & less time and experience a lot less stress. With compromise and agreements, both parties can feel that they are getting a fair deal

Your paperwork can be filed, your spouse served and the final documents or the agreement can be prepared and filed once you have sound legal advice and a clear understanding of the steps of the divorce. It is not advisable to use a paralegal or document service for the paperwork as these individuals or companies cannot give you legal advice and so cannot tell you how to fill out the forms. Nor can these companies give you attorney oversight so that the divorce goes through the court correctly at each step, so it’s always better to consult a divorce lawyer Likewise, they cannot guarantee a successful completion of your divorce. A California divorce lawyer who offers divorce services with legal advice and oversight at a clear affordable rate is the preferable way to go.

Legal Action Workshop Los Angeles Divorce Lawyers.

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